In a flurry of chaos and fiery debate, the House of Delegates passed a version of Raylee’s Law Saturday night at 11:59 p.m., giving the Senate no time to agree on it by the session’s midnight deadline.
The bill won’t head to the governor’s desk.
“I can’t believe we have so many members of the Legislature who stand up and defend child abusers. It’s disheartening, disturbing and heartbreaking,” Senate Education Chairwoman Amy Grady, R-Mason, who sponsored a version of Raylee’s Law in the Senate, said Saturday night.
Raylee’s Law is meant to prevent child abuse by pausing a parent’s request to homeshcool their child if there’s an active abuse and neglect investigation in the home.
Del. Shawn Fluharty, D-Ohio, who has championed Raylee’s Law for years, chastised House members in the final minutes of session as the clock ticked away. They’d had the bill all day to consider, he argued.
“This is abhorrent behavior. Disgusting government,” Fluharty said. “Why are we here defending child abusers? It’s insane.”
The measure is named for Raylee Browning, an eight-year-old girl who died of abuse and neglect in 2018 after her teachers notified CPS of potential abuse, prompting her abusers to move her to homeschooling.
Outside the House chamber, while lawmakers debated the bill, a large poster-sized photo of Raylee was on display.
“When you reject her tonight, go out there and at least have the guts to look at her,” he told House members.
The bill was in the House’s hands when they gaveled in Saturday morning but they didn’t take it up until 11:15 p.m.
Del. Elliott Pritt, R-Fayette, a public school teacher, pleaded with House members to bring it to a vote as soon as possible after multiple Republicans put amendments in the system that needed to be vetted by midnight.
“We have a moment here to do something to protect children that are in harm’s way, That is a fact. I’m very sorry if that fact is very uncomfortable for some of you to deal with,” he said. “I’m pleading with you to please reject these amendments as quickly as possible.”
Raylee’s Law became one of this session’s most high-profile measures due to numerous and, at times, dramatic attempts by both Republicans and Democratic lawmakers to get the bill up for a vote by deadline this year.
A bipartisan group of senators, led by Sen. Ryan Weld, R-Brooke, amended Raylee’s Law into House Bill 5537 late Friday night after overriding a ruling by Senate President Randy Smith — a very rare move — to set up a vote on it. The measure passed with a vote of 24-7 and three senators absent.
Weld said what happened in the House on the final night was “absolutely shameful.”
“They had the bill for eight, nine, 10 hours. They got it before 11 o’clock this morning and did nothing,” he said. “With some of the things that I saw and heard in that debate, I’ve never seen a fight to protect child abusers.”
Raylee’s Law has faced fierce opposition from homeschooling advocates and parents, who argued it was infringement on parental rights and could potentially force their child to stay in an unsafe public school.
During the House floor debate, Del. Adam Burkhammer, R-Lewis, argued that the bill as written wouldn’t solve the problem its supporters were trying to address since it didn’t mandate a CPS investigation. He said the House needed “focus on protecting kids and not making a political stunt out of this (and) not trying to attack homeschoolers.”
“I’m really even kind of frustrated how we’ve politicized this thing, but it’s flawed,” Burkhammer said.
The House has passed versions of Raylee’s Law in 2024 and 2025.
In 2024, a Boone County girl, Kyneddi Miller, died from starvation while being homeschooled, fueling renewed interest in the bill.
“You voted on it. You’ve already passed it. And now all these amendments are popping up and we know damn well why it is,” Fluharty said. “We know this bill is good. We know who it was drafted by. We know what it stands for. It’s not about homeschoolers. It’s not attacking homeschoolers. Those who pretend to be and actually abuse are who we’re going after, you should want to do that.”
Weld said he plans to bring the measure for consideration in 2027.
“After what I saw in here yesterday and over there today, I’m 100% locked in. This is coming back next year, so they better be ready for it,” Weld said.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
